Terms of Service
We (the folks at The Mysterious Package Company) run an online community and store called MysteriousPackage.com and would love for you to use it. Our service is designed to give you as much control and ownership over what goes on our site as possible and encourage you to express yourself freely. However, be responsible in your use. In particular, make sure that none of the prohibited items listed below appear in your content (things like spam, viruses, or hate content).
(Note, we’ve decided to make the below Terms of Service available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you. This is based heavily on Automattic's original Terms of Service.)
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by MPC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your MPC Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account, users or anything else in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MPC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MPC liability. You must immediately notify MPC of any unauthorized uses of your account, your account or any other breaches of security. MPC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Payment and Renewal.
Paid services are available on the Website (any such services, a “Package” or “Subscription Package”). By selecting a Package you agree to pay MPC the monthly or annual subscription fees indicated for that service. One time payments are charged one time. Recurring payments will be charged on a pre-pay basis on the day you sign up for a Subscription Package and will cover the use of that service for a monthly, quarterly or annual subscription period as indicated. Subscription Package fees are not refundable.
Unless you notify MPC before the end of the applicable subscription period that you want to cancel a Subscription Package, your Subscription Package subscription will automatically renew and you authorize us to collect the then-applicable annual, quarterly or monthly subscription fee for such Subscription Package (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscription Packages can be canceled at any time in the Account section of your account.
- General Terms.
- Responsibility of Website Visitors. MPC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, MPC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MPC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MPC.com links, and that link to MPC.com. MPC does not have any control over those non-MPC websites and webpages, and is not responsible for their contents or their use. By linking to a non-MPC website or webpage, MPC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MPC disclaims any responsibility for any harm resulting from your use of non-MPC websites and webpages.
- Copyright Infringement As MPC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MPC.com violates your copyright, you are encouraged to notify MPC. MPC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MPC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MPC or others. In the case of such termination, MPC will have no obligation to provide a refund of any amounts previously paid to MPC.
- Intellectual Property. This Agreement does not transfer from MPC to you any MPC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MPC. MPC, the MPC.com logo, and all other trademarks, service marks, graphics and logos used in connection with MPC.com, or the Website are trademarks or registered trademarks of MPC or MPC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MPC or third-party trademarks.
Changes. MPC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MPC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. MPC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MPC.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a MPC account, such account can only be terminated by MPC if you materially breach this Agreement and fail to cure such breach within thirty (30) days from MPC’s notice to you thereof; provided that, MPC can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The material displayed on this Website is provided without any guarantees, conditions or warranties in relation to any statements, comments or representations made. Unless expressly stated to the contrary to the fullest extent permitted by law https://www.mysteriouspackage.com/ and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages of any nature whatsoever, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation or health and safety, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
- Indemnification. You agree to indemnify and hold harmless MPC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between MPC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MPC, or by the posting by MPC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Toronto, Ontario. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in arbitration. The arbitration shall take place in Toronto, Ontario, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MPC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.